What is an intensive corrections order?

 

An intensive corrections order is an order from the sentencing court that a term of imprisonment be served in the community. In other words, technically, it is an imposed jail term, but performed in the community under strict supervision of Corrective Services NSW.

 

Will i be eligible for an Intensive Corrections Order?

You will be assessed by Corrective Services prior to being found eligible or not eligible.

In order to be referred for an ICO assessment the court must be satisfied that:

• The Offender is over 18 years of age;
• A suitable person to serve their sentence by way of intensive correction within the community;
• That it is appropriate in all circumstance that the sentence be served by way of intensive correction within the community; and
• The offender has signed an undertaking to comply with obligations under an ICO

There are further requirements that would need to be met, all of which Corrective Services will determine in their assessment of your eligibility. Some of these are:

• Can you complete the community service component of the Order?
• Do you have any health problems that would stop you from completing the order?
• Is your offence an applicable offence for an order?
• Are you any risk to the community whilst at liberty?
• Are you likely to comply with the order?

 

What would I be required to do on an Intensive Corrections Order?

The mandatory requirements are as follows:

Mandatory ICO conditions for Offenders:

• Be on good behaviour and not commit any offences;
• Report to CCS on fixed date;
• Reside only at prescribed premises;
• Not to leave NSW without permission of CCS;
• Not to leave Australia without permission of the State Parole Authority (SPA);
• Receive supervisor for home visits;
• Authorise Doctor or therapist to provide supervisor with relevant information;
• Submit to searches of places or things under offender’s immediate control
• Not to obtain or abuse unlawful drugs;
• Submit to tests for drug and alcohol abuse;
• Not to possess a firearm or offensive weapon;
• Submit to surveillance or monitoring;
• Not to tamper with surveillance equipment;
• Comply with curfew as directed;
• The offender is to undertake a minimum of 32 hours community service work per month;
• Participate in programs to address offending behaviour as directed ; and
• Comply with all reasonable directions by supervisor

 

There are further possible requirements that may be imposed, depending on the circumstances of each case, which include contact with your employer and refraining from alcohol consumption.

 

What happens if I breach my Intensive Corrections Order?

If you fail to comply with any of the conditions or requirements of your intensive corrections order, Corrective Services has the discretion to do the following:

• Extend the intensive corrections order for a period of up to 90 days,
• Revoke the order and order a term of imprisonment.

 

For more information on intensive corrections orders, and to see case studies where we have appeared for others, go to:

https://lylawyers.com.au/criminal-law/penalties/intensive-correction-orders/

 

As always, if you are facing serious criminal charges, you should contact LY Lawyers immediately on 1300 595 299 for a free consultation.